11 Desk Item - 506 University Avenue.~pW N OF
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DATE:
TO
FROM:
COUNCIL AGENDA REPORT
APRIL 7, 2008
MAYOR AND TOWN COUNCIL
MEETING DATE: 4/7/08
ITEM NO: 11
DESK ITEM
ORRY P. KORB, TOWN ATTORNEY '
SUBJECT: 506 UNIVERSITY AVENUE APN: 529-08-017
A. CONSIDER ADOPTION OF AN ORDINANCE TO RE-ZONE A PARCEL TO
R-1 D FROM RM:12-20 (ZONE CHANGE Z-07-001); OR
B. DECIDE WHETHER TO RECONSIDER PRIOR DECISION TO INTRODUCE
AN ORDINANCE TO RE-ZONE A PARCEL TO R-ID FROM RM:12-20 AND
APPROVE A CORRESPONDING GENERAL PLAN AMENDMENT
PROPERTY OWNER: ARNERICH REVOCABLE TRUST
APPLICANT: DENNIS LOWERY, CAPITAL VENTURES
DTSC'T NSTON-
Attached are two additional pieces of correspondence that were received after the Council report was
distributed to Council.
Attachments:
4. 3/28/08 letter from Erik Iversen
5. 4/6/08 e-mail from Nicolette Kelly
PREPARED BY: ORRY P. KORB
Town Attornoey
OPK:pg
NAMGR\AdminWorkFiles\Town Attomey\Council Reports\4-7-08 desk item # I Ldoc
Reviewed by: own Manager Assistant Town Manager
Clerk Administrator Finance Community Development
March 28, 2008
Mayor Barbara Spector
and Town Council Members
Town of Los Gatos
P.O. Box 949
Los Gatos, CA 95031
Re: Request for Reconsideration Concerning 506 University Avenue
Dear Mayor Spector and Town Council Members,
TO V N f._OS GA! U5
(LIES-:;: DEPARTMENT
I am writing to support the reconsideration by the Town Council of the recent denials
regarding the general plan and zone changes for the remainder portion of the parcel at
506 University Ave.
You have the benefit of a concise outline of the issues regarding this property as provided
by the prospective developer, Dennis Lowery. I would like to add my concerns and
observations as a neighbor to the property just one door away from our family home. I
support the reconsideration of this matter based on my own personal observation of the
discussion of the Council following the public comment portion of the proceedings.
I believe that there was inaccurate information provided to the Council that led members
of the Council to adopt a line of reasoning that is unsupported by the facts. I believe a
reconsideration of the facts will afford the Council an opportunity to ensure that there are
no errors and inaccuracies made a part of their decision.
I believe that the Council should also have a chance to more fully review the intent of the
Planning Commission and their understanding of the underlying issues that motivated
them to approve the changes to the general plan and zoning for this parcel.
I had a chance to support the proposed development of the property in conjunction with
the preservation of the existing home when the issue came before the Planning
Commission. I put my concerns before the commission in writing. I believe the
Commission correctly assessed the findings of the various Town committees in making
their finding in support of the zoning and general plan changes.
I believe they studied all the options as explored by the CDAC, HPC and GPC and
understood the value of the "One, One, Two" elevation solution as identified and
recommended by these three committees in the form of three single family homes as
being not only consistent with the continuity of the adjacent single family neighborhood,
but also a very accurate and appropriate expression of the current economic realities
relating to potential development on this parcel as well as a pragmatic response to the
constraints placed on any development by the Town itself.
. O4 20018
ATTACHMENT 4
Consideration of those constraints on development relating to parking, tree removal,
setbacks etc. for this parcel in conjunction with the preservation of the existing home
motivated all the pertinent committees to recommend the three single family home plan.
The same considerations, along with a careful appreciation for the input of the immediate
neighbors to the parcel brought the Planning Commission to the approval for the zoning
and general plan changes.
There are no formal affordability requirements related to the development of the parcel,
so consideration of affordability in this case is not directly germane to the approval or
denial of any general plan or zoning changes. Because there is no such requirement, and
without regard to the question of whether low-income or affordable rental housing is
appropriate or desirable for this parcel, the economic realities relating to the burdens of
the actual preservation and development of the parcel preclude it from being either
affordable or fair-market rental housing.
As anyone contemplating the development of this parcel or any other like it will have to
confront, the economics of the development itself will control for the actual affordability
index of the final sale price of the resulting product. In this case, the request from the
Town to produce multi-unit housing on the remaining parcel does not result in a benefit
in affordability over that provided by the single-family homes.
With these facts in mind, I believe it is important to appreciate that the single family
direction that they indicate is not. only the most pragmatically, economically, and
preservationally appropriate, the most supported by the Town's Committees and
Commissions, the most attractive and of the highest aesthetic mitigation value for
contiguous existing structures, it is also the direction which appreciates the emotional and
financial investments made every day and expressed to you by the members of the
neighborhood community who rely on you to give weight to their voices in this matter.
I believe that approval of the requested changes to the general plan and current zoning for
the remainder of this parcel are the appropriate and legitimate response to the facts here
and it is my hope that you will agree.
Thanks for taking the time to read and consider this,
Erik Iversen
& the Iversen Family
500 University Ave.
Page 1 of 1
Patsy Garcia - Re: 4.7.08 Town Council Meeting
From: "Rodman, Marlene & Nicolette" <rdman@serenogroup.com>
To: "council@losgatosca.gov" <council@losgatosca.gov>
Date: 4/6/2008 8:52 PM
Subject: Re: 4.7.08 Town Council Meeting
Dear Major Spector and Town Council,
As a member of this community I'm asking that you reconsider the council's decision regarding the
property located at 506 University Ave. I have been involved with this property for over two years. Since
the Historic Preservation objected to the older home being demolished in August of 2006 much thought
and consideration has gone into the possible development of this very unique property.
For over one year Mr. Lowery has spent countless hours honoring the process of the town. At the CDAC
meeting he asked for direction and followed the lead of this committee. He willingly wove the feedback
from CDAC and Historic Preservation into the plan. Having spoken with staff a few times after these
meetings I was very surprised after the General Plan meeting (where the project was approved 5 to 1) to
hear their strong objections to the zoning change.
As an onlooker at the March 3rd Town Council Meeting, it seemed there was some confusion over the
process and many discussions that took place after the meeting had been closed. This is an extremely
complicated issue which I hope you will revisit to thoroughly understand the true impact this
development will have on our community.
Thank you,
Nicolette Kelly
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